Fwd: Re: pt. consent

["Jeff Brosius" <reno316@hotmail.com>]

Here's the reply to the patient consent issue raised a few days ago.  Gene 
Gandy is a lawyer who specializes in EMS law.  He's also a medic and a 
pretty nice guy overall.

His reply:

>Questions to ask:
>
>1.  Did the patient lack the present mental capacity to make the decision
>herself?
>2.  Was there a valid power of attorney and was it properly asserted?
>3.  What state did this happen in and what's the applicable state law on
>substituted consent?
>4.  Were transport protocols followed?
>5.  Was proper documentation done, meaning FACTS not conclusions, including
>explanations given to the family members and reasons to txp to Level 1.
>6.  Has followup been done with hospital trauma service and have they been
>alerted of possible problems?
>7.  Patient outcome?
>8.  What "rights" do the family assert that were violated?
>9.  What damages exist as a proximate cause of the txp decision?
>10.  Was treatment standard of care delivered (exclusive of the transport
>decision)?
>
>Answer those questions and you'll have the key to the answer to the 
>problem.
>
>I suspect there are no enforceable "rights" that the family has, and 
>probably
>no damages.  No damages, no case.
>
>People always talk about "kidnapping" and "assault and battery" and "false
>imprisonment" cases being possible,  but in reality even TV lawyers don't
>take them unless there are egregious damages that are provable.  What 
>damage
>did the patient suffer which can be measured?  What damages did the family
>suffer?
>
>
>Gene Gandy, JD, LP
>EMS Consultant
>HillGandy Associates
>POB 1651
>Albany, TX 76430
>903-530-9826
>wegandy@aol.com


Hope this is of some assistance.

------------
JRB

Jeff Brosius,
Paramedic, etc.
Atlanta, GA
www.prehospital-perspective.com
brosius@prehospital-perspective.com
"Performance is your reality.  Forget everything ele."  -- Harold Geneen







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